duress (2024)

FAQs

Duress? ›

Duress is the act of using force, coercion, threats, or psychological pressure, among other things, to get someone to act against their wishes. If a person acts under duress, they are not acting of their own free will and so may be treated accordingly in court proceedings.

Duress is most often paired with the word under to refer to force or threats meant to make someone do something. For example, someone forced to sign a document signs it “under duress,” and a person held “under duress” is not free to leave but is being constrained, usually unlawfully.

Duress is a more technical term that refers to wrongful or unlawful coercion. If you are forced to sign a contract under threat, for example, you have signed the contract "under duress." Not many people wind up "under duress," but being "under stress" is a common life occurrence.

Mental duress is when someone uses psychological pressure to force someone to do or participate in something they do not wish to do. It can also occur when someone is being held against their will and threatened or when an individual fears imminent injury.

For example, duress is when an accountant is forced to sign a document authorizing the transfer of funds to another person with a gun pointed to his head. If the accountant refuses to sign the document, he faces an immediate threat of bodily harm or even death.

Three primary types of duress include physical duress (physical harm threats), economic duress (financial threats), and psychological duress (manipulation, deceit, or emotional pressure).

Physical duress occurs when someone is threatened with physical harm to themselves or others if they do not sign the contract. This type of duress is straightforward and often easier to prove, as it involves clear threats of violence or harm.

To prove that someone was under duress when performing a particular action, a serious threat should have been posed. To determine whether a serious threat had been posed, you may want to consider whether a rational person would have felt an extreme amount of pressure to sign a contract in the same situation.

Duress is not a justification for committing a crime; instead, it serves as an excuse when a defendant commits a crime because they face the threat or use of physical force. The defense lawyer must establish that a reasonable person in the defendant's position also would have committed the crime.

Economic (social) duress can lead to a voidable contract. Unlike physical duress, economic duress will arise if one party uses an economic or social position as a threat for one party to enter into a contract.

How do you prove mental duress? ›

Being diagnosed with an actual condition, such as PTSD, depression or anxiety, can help to prove your case. Additional useful evidence can include your journal, testimonies of mental health professionals, and medical bills for the treatment of your emotional distress.

It's very common for people to assume that domestic violence only includes actual physical harm to another person. But in California, domestic violence also includes verbal, emotional, and psychological abuse as well.

Real-Life Applications of Duress

Threatened Bank Robbery: Imagine John is threatened by a criminal gang to rob a bank, or they will harm his family. If John commits the robbery under this immediate and credible threat, his actions might be considered under duress.

Key Takeaways. Duress is the act of using force, coercion, threats, or psychological pressure, among other things, to get someone to act against their wishes. If a person acts under duress, they are not acting of their own free will and so may be treated accordingly in court proceedings.

(a) a threat has been made that will be carried out unless an offence is committed; and. (b) there is no reasonable way that the threat can be rendered ineffective; and.

The Merriam-Webster dictionary shares that “the phrase 'under duress' should not be confused with 'under stress'. Stress is concerned with strain or pressure, while duress refers to wrongful or unlawful coercion.”

According to Article 397 of the Federal Law Number 3 of 1987, imprisonment will be applied if a person obtains a document's signature by force or threat; for example, to force an employee to sign a contract against his/her will is considered a criminal offense.

Duress is a valid defense for any criminal act except Homicide under California Penal Code 187 PC. This means that under the law, someone is not permitted to trade a life of another to spare their own, even if they are under duress.